Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AJV15 v Minister for Immigration and Border Protection [2016] FCA 1210 Appeal from: AJV15 v Minister for Immigration & Anor [2016] FCCA 505
File number: NSD 462 of 2016
Judge: BURLEY J
Date of judgment: 12 October 2016
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the then Refugee Review Tribunal – Tribunal affirmed decision not to grant the appellant a Protection (Class XA) visa – whether Refugee Review Tribunal failed to put an issue to the appellant or invite him to make submissions in accordance with the Migration Act 1958 (Cth) s 425 – whether Refugee Review Tribunal failed to consider appellant's claims or failed to ask itself a relevant question ADMINISTRATIVE LAW – role of the Court to decide whether decision was invalid by reason of jurisdictional error – role of the Court not to consider factual merits of Refugee Review Tribunal's decision
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 425
Cases cited: AJV15 v Minister for Immigration & Anor [2016] FCCA 505 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
Date of hearing: 11 August and 23 September 2016
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